Terms and Conditions


§ 1 Validity

DigMedical executes all contracts to the following terms and conditions. Deviations require prior written approval. Conflicting business relationships are contradicted.
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§ 2 Subject of Contract

DigMedical is a distribution company. For suggestions of his assistants DigMedical is therefore only if in writing and, because of an own entgeld with missions. In this case, the limitations of liability below. If the customer orders both hardware and software as well as the relevant transactions are independent in their legal existence and destiny of each other, unless otherwise agreed.
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§ 3 Execution of Contract

Offers are subject to change. Orders are accepted with written confirmation of DigMedical to the following conditions. Oral side agreements are not effective unless confirmed in writing.
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§ 4 Delivery

Timely and correct delivery by the suppliers of DIgMedical reserved.
If delivery is delayed due to circumstances DigMedical is not responsible, the customer is notified immediately.
With a delay of more than six weeks, compared with the planned delivery date, both parties are entitled after fruitless expiry of a one-week notice period to cancel the contract.
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§ 5 Shipping

All prices are ex DigMedical. The customer bears the costs (within the EU free of charge) and at the risk of sending him to the contract goods. The completion of any transport insurance up to the customer.
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§ 6 Transfer of Risk

The risk passes to the customer once the goods have left our warehouse, in case of delay and pickup after it was rejected.
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§ 7 Liability

Claims for damages are excluded. This does not apply if they are based on intent or gross negligence or because of DigMedical promised features are missing and for personal injury. If the customer is a businessman, is also excluded from this notwithstanding, the liability for gross negligence, unless DigMedical his main duty was violated under the contract.
Compensation claims are beyond the amount limited to those damages expect their possible admission to the contract and delivery by the existing circumstances DigMedical reasonably could, but not exceeding twice the sale price of the contract goods were by which the damage caused.
Any liability due to the loss of recorded data or programs is excluded if the claimant failed despite objective way it has to make backup copies.
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§ 8 Terms of payment

Payments are made according to the level found in the confirmation of payment. If the customer defaults on payment, and he is a merchant, then DigMedical entitled to interest at a rate of 2% above the discount rate calculated by the Bundesbank as damages. For each reminder sent after default occurs, we calculate a compensation fee of € 10, --. The replacement of an excess of loss and other statutory rights reserved. The customer is free of evidence of lesser damage in individual cases. Withholding and setoff against claims by DigMedical is permitted only with legally established counterclaims.
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§ 9 Retention of Title

DigMedical reserves the ownership of the delivered products until all contract payments from the business relationship with the customer. The retention of title also extends to the approved balance, if booked DigMedical claims against the customer in the current year (current account reservation).
Taking back the goods delivered by DigMedical no cancellation of the contract, neither the present nor affected by the distribution agreement single run business, unless this is expressly stated in writing DigMedical. The seizure of the delivery object is always the question of a rescission of business execution. In case of seizure or other interventions by third parties the customer DigMedical will notify immediately in writing so that action may institute proceedings under § 771 ZPO.
Where third parties are not able to reimburse DigMedical the judicial and extrajudicial costs of such action under § 771 ZPO, the customer is liable for the loss incurred DigMedical. The customer is entitled to the items delivered in the ordinary course of business to sell more, but already now all claims in the amount of the invoice amount - including VAT - from which it derives from the resale against his customers or third parties. To collect these claims even after the customer has authorized the transfer. The power of DigMedical to collect the debt remains unaffected. DigMedical undertakes not to collect the debt as long as the customer meets his payment obligations and is not in arrears. In this case DigMedical may require that the customer is the competing claims and their debtors, provide all information necessary for collection, surrender the relevant documents and inform the debtors of the assignment.
DigMedical agrees to release the aforementioned securities to the extent requested by the customer, as their value exceeds the secured claims, provided they have not been paid, by more than 20%.
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§ 10 Final Provisions

It is only the law of the Federal Republic of Germany. Place of delivery and payment, and jurisdiction is Berlin.
If any provision of this agreement invalid, then thereby the validity of the remaining provisions shall remain unaffected.

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Additional Provisions for the Sale

§ 1 Scope

Performance item is the sale in the order form and confirmation listed devices and accessories.
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§ 2 Delivery, Installation and Training

Delivery and installation and training of operating personnel are not subject of performance. They are made after a special mission, not obliged to accept the DigMedical. DigMedical is authorized to provide such services by competent and reputable third parties. You will be billed to the customer separately.
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§ 3 Warranty

Delivery and installation and training of operating personnel are not subject of performance. They are made after a special mission, not obliged to accept the DigMedical. DigMedical is authorized to provide such services by competent and reputable third parties. You will be billed to the customer separately.
3.1 - DigMedical is immediately complain to report enclosing a detailed description of the errors occurred.
3.2 - Upon request, the device is free to be sent to DigMedical. DIgMedical rectify is entitled at its option repair or replace. If the repair is not completed within six weeks or fails a second attempt at repair, the customer is after the right one by him in writing to be set grace period of at least two weeks after his election to change the contract or to reduce the purchase price. This does not apply if DigMedical after the first attempt at repair or after expiration of the aforementioned period for a replacement product for the period of rectification provides.
All liability is excluded for defects which result in unsafe changes or maintenance repair work by entering the customer or third parties.
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§ 4 Costs

The customer bears the costs of an investigation which is conducted on the basis of an unfounded DigMedical of defect. This respect, the current price rates for maintenance work.
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§ 5 Repair at the customer

Is excluded in any case
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§ 6 Ensuring the Software

The Product must be returned to the program carrier DigMedical if errors should occur during the warranty period. DigMedical will provide, at its option repair or replacement.
Show up at the end of the program disk problems, which are based on a defect can, then the customer is required of all files in each case immediately after processing to create backup copies to keep any possible damage. The loss of files in a result of the use of the licensed software is standard in this case only as a loss if the aforementioned copies were created. The validity of the General Conditions' of DigMedical remains unaffected.
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§ 7 Intellectual Property Rights

The customer will also respect intellectual property rights of third parties in the goods entrusted to him.
This is especially true for copyrights, trademarks and similar rights to the licensed software.
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Additional requirements for service under warranty

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§ 1 Warranty

As part of the respective manufacturer's warranty we provide only services that are within the scope of the warranty conditions included.
Travel, packaging and shipping costs, assistance with operational problems, software work, cleaning, consumables and repairs, which are due to tampering or manipulation, are also calculated within the warranty period.
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§ 2 Delivery time

Any timeperiods quoted for delivery or repair are non-binding. However, we are committed to compliance with the stated date as possible. Supply and repair delays, which date back to the delivery of spare parts manufacturers are responsible, shall in any case. Completion dates are only binding if agreed in writing.
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§ 3 Shipping

Is a transport company charged with the delivery, the customer is required on arrival of these goods to be examined for damage. Any damage or loss must immediately be notified to the shipping company, as well as DigiMedical for damage assessment.